I-485 benefiaciary may change jobs (> 180 days) even if I-140 Approved or NOT

K

kvpt_mm

Registered Users (C)
140 Portability Under 106(c)

AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be “portable” with regard to a change of employers or a change of jobs with the same employer to a same or similar occupation. Previous memos issued by CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member, Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may “port” to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by apetitioner or denial of the I-140 petition by the Service Center would have no impact on the beneficiary’s status in the U.S. CIS is now drafting a formal memo to this effect.

see following link and scroll to page 2 ; section 5

http://www.jenkens.com/Image/Jenken...mary of AILA-USCIS Issues from July 31 2….pdf
 
Wow!! This is really a good news for all of those whose I140 has been pending for long and have completed 180 days of I485.
 
Thats good news. When one changes employers, does the new job has to exactly word by word same as the one at the time of filing 140/485 or labor? Lets say one has been doing Java development at the time of filing applications but the new employer offers a job in .Net development? Both are developer jobs though...
 
bunchofquestion said:
When one changes employers, does the new job has to exactly word by word same as the one at the time of filing 140/485 or labor? Lets say one has been doing Java development at the time of filing applications but the new employer offers a job in .Net development? Both are developer jobs though...
Click to expand...

This is a grey area, with some scope for the adjudicator to interpret the law. But in general, changes in skill set may not be a problem because the AC21 mentios that the new job has to be similar to the existing job and it mentions that some reference book on job occupancies (forgot it) should be referred to to determine if the old job and new job are same. I know that the occupational reference book will have general job titles like programmer, programmer analyst, softwarre engineer, architect etc. It may not contain job descriptions for java developer, oracle developer etc.
 
Once we see memo officially posted and published by USCIS it will applied all those pending applications with USCIS in EB category.

bunchofquestion: I guess as long as it is similar skill set and being in same mode job duties , it is considered as a similar job category.

I guess USCIS has some lenience towards this issue ..
 
Hi Friends,

Is this true, I have been waiting for ths long time..Please tell me Am I Eligible for this or Not ?

here is my story..

TrueNBlue, your case little bit matches with mine..can you give me ur I-140/ I-485 ND?

I got rfe on Both I-140 (04-MAy-04) and I-485 (06-Jun-04) .
I-140 Rfe was replied on 01-Jul-04, but I did not get my I-485 Rfe , So my lawyer requested duplicate copy on 07/14/04. After 2 weeks
Lawyer personally went to vermount office on 07/30/04
(becs her office s few miles away from vermount office) again asked for duplicate copy..Officer kept her waiting and did investigation and told her tht they have all information what they needed for I-485. So they do not need any addional information...

There is no change in message in I-485 , still it say
On June 7, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

NOW My client is offering me Permanent job, I don't know wht to do ?
Shall I wait for one more month Or I shall Join ?
Please reply me... I am confused...


Thanks,
I140- RD--> 06/05/2003
I140 -ND--> 06/09/2003
Rfe - I-140 > 05/04/04 ( Company Financial Statement)
Rfe received on 05/24/04
Replied 140 - LUD - 07/07/04
NO FP YET
I-485 -ND--> 07/07/2003
Rfe - I-485 > 06/08/04
Dup requested I-485 Rfe - 07/14/04
 
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Guys, guys, guys - one law firm's idle memorandum means nothing. Until this appears in a USCIS memorandum, it never happened. Remember that. I remember the big rumor a few months back that all I-485s pending over 180 days would be automatically ajudicated. That went nowhere too.
 
sanju_y678 said:
Hi Friends,

Is this true, I have been waiting for ths long time..Please tell me Am I Eligible for this or Not ?

here is my story..

TrueNBlue, your case little bit matches with mine..can you give me ur I-140/ I-485 ND?
Click to expand...

RD 5/13, ND 5/21/2003
If this thing becomes reality, people like me and u with long pending I140 will be in better shape.
As it stands right now this rule doesnt exist officially and your I-140 is not approved so changing jobs will jeopardize your GC at this time. Wait for this rule to be implemented then you will be good to go.
 
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This does not make any sense at all. If 140 is denied what will happen to 485 - it ofcourse will be denied. Nothing prevents the employer from withdrawing pending 140 or not responding to RFE- 140 will be denied.

Don't bank on this one to become law.

Only way it works is you change job- employer does not withdraw and/or supports 140 or there is no RFE. This is what happened tome- I lost job before 140 approval - employer did not withdraw- subsequently everything was fine.
HTH
 
wish!!

I hope this law comes true. My I-140/485 has been pending for 7 months and I have come to the stage where I ahve to use AC21 portability, due to my employer's current situation. I am unable to change the job, as I do not want to restart the GC process.
 
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